Court rejects New Bedford rapist's appeal

A New Bedford rapist's attempt to overturn his conviction based on his victim's past as a prostitute was rejected Thursday by the state Appeals Court.

LAUREL J. SWEET

A New Bedford rapist's attempt to overturn his conviction based on his victim's past as a prostitute was rejected Thursday by the state Appeals Court.

Ernesto Noj argued his victim — identified by the court as an alcoholic illiterate with an IQ of 61 when she was sexually assaulted June 8, 2005 — lied to cover up her history as a thrice-convicted prostitute. A Bristol Superior Court jury found Noj guilty of rape and possession of marijuana in January 2007.

The appellate court said Noj saw the victim's convictions as "motive to fabricate the claim of rape."

Judge Robert J. Kane sentenced Noj to four to five years in state prison after refusing to let him try to impeach the victim's credibility by admitting into evidence her prostitution arrests dating back to the 1980s. The state's rape shield law is intended to protect victims from being attacked in court based on their past sexual conduct.

"Even when evidence of the complainant's sexual conduct is relevant to show the complainant's bias or motive to fabricate, the judge should exercise discretion with respect to the introduction of such evidence, bearing in mind" the rape shield statute, appellate justices ruled.

At Noj's trial, a witness to the 2005 attack — drawn by the victim's screams of "No, no, no, get off me!" — testified she saw the victim trying to push herself up off the ground.

Noj claimed he and the victim met at a bus terminal, went behind some bushes and had consensual sex. He remains incarcerated.

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